(a) Each school district that has an enrollment of
20 or more English learners in any language classification in the
same grade level district-wide shall offer a bilingual education program
as described in subsection (b) of this section for the English learners
in prekindergarten through the elementary grades with that language
classification. "Elementary grades" shall include at least prekindergarten
through Grade 5; sixth grade shall be included when clustered with
elementary grades.
(b) A school district required to provide a bilingual
education program as described in subsection (a) of this section shall
offer dual-language instruction (English and primary language) in
prekindergarten through the elementary grades, using one of the four
bilingual program models described in §89.1210 of this title
(relating to Program Content and Design).
(c) All English learners for whom a school district
is not required to offer a bilingual education program shall be provided
an English as a second language (ESL) program as described in subsection
(d) of this section, regardless of the students' grade levels and
primary language, and regardless of the number of such students, except
in cases where a district exercises the option described in subsection
(g) of this section.
(d) A school district required to provide an ESL program
as described in subsection (c) of this section shall provide an ESL
program using one of the two models described in §89.1210 of
this title.
(e) School districts may join with other school districts
to provide bilingual education or ESL programs.
(f) In addition to the required bilingual and/or ESL
programs, school districts are authorized to establish a bilingual
education program even if they have an enrollment of fewer than 20
English learners in any language classification in the same grade
level district-wide and are not required to do so under subsection
(a) of this section. Under this authorization, school districts shall
adhere to all program requirements as described in §§89.1210
of this title, 89.1227 of this title (relating to Minimum Requirements
for Dual Language Immersion Program Model), 89.1228 of this title
(relating to Two-Way Dual Language Immersion Program Model Implementation),
and 89.1229 of this title (relating to General Standards for Recognition
of Dual Language Immersion Program Models).
(g) In addition to the required bilingual and/or ESL
programs, school districts are authorized to establish a bilingual
education program at grade levels in which the bilingual education
program is not required under subsection (a) of this section. Under
this authorization, school districts shall adhere to all program requirements
as described in §§89.1210, 89.1227, 89.1228, and 89.1229
of this title.
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Source Note: The provisions of this §89.1205 adopted to be effective September 1, 1996, 21 TexReg 5700; amended to be effective March 5, 1999, 24 TexReg 1383; amended to be effective April 18, 2002, 27 TexReg 3105; amended to be effective September 17, 2007, 32 TexReg 6311; amended to be effective May 28, 2012, 37 TexReg 3822; amended to be effective July 15, 2018, 43 TexReg 4731; amended to be effective April 14, 2020, 45 TexReg 2415 |